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C. A. OPUTA, JSC (Delivering the Leading Judgment): The Appellants who were the Plaintiffs in the Court of first instance sued the Defendants now Respondents claiming:-
"(a) Declaration of title to that piece or parcel of land lying, situate and being at Mile 6, Old Ife Road, Ibadan.
(b) N500.00 damages to each of the plaintiffs, for trespass committed by the Defendants since May, 1975.
(c) Injunction restraining the Defendants, their servants and/or agents from committing further trespass on the land".
Pleadings were ordered, filed and exchanged. From paragraphs 3 and 4 of the Amended Statement of Claim, it is clear that "the land in dispute" is not just one parcel of land but two distinct parcels bought on different dates and conveyed to each Plaintiff again on different dates. The area sold to the 1st Plaintiff as shown on the plan tendered as Ex. A is Area marked "B" verged Red and the parcel claimed by the 2nd Plaintiff is Area marked "A" verged Blue. The Root of Title pleaded …